Civil Litigation Explained
American law is typically divided up into two types of suits: civil litigation and criminal prosecution. Civil lawsuits are non-criminal legal disputes, where plaintiffs seek compensation or other damages from defendants. Damages are typically awarded in a civil suit on a monetary basis in order to make up for the way the plaintiff suffered at the doing of the defendant.
Since any non-criminal legal case can be described as a civil case, the umbrella of types of civil suits is very broad. The following situations where you may need a civil litigation attorney are:
- Environmental Law
- Landlord/Tenant Disputes
- Product Liability Lawsuits
- Personal Injury Claims
- Intellectual Property Disputes
- Construction Liability Lawsuits
- Medical Malpractice Claims
- Employment And Labor Disputes
- Real Estate Lawsuits
- Anti-trust Litigation
- Workers' Compensation Claims
- Divorce Lawsuits
If you feel you need a civil litigation lawyer Los Angeles, then you can set up a consultation with the Law Offices of Nigel Burns to begin making your claim for compensation of damages.
Types of Damages Won in Civil Cases
You may be wondering what kinds of damages that you can claim in a civil lawsuit. You and your business litigation lawyers Los Angeles will put together a case using evidence from the incident for which you are suing. The evidence you gather will determine what kinds of damages you can claim.
Below are the different types of damages you can claim in a civil lawsuit:
- Compensatory
- General
- Punitive
These three kinds of damages can be combined, as well, meaning you don’t have to pick just one to pursue in your case.
Compensatory Damages
Compensatory damages make up the vast majority of claims, and they are meant to make up for any expenses that the defendant has cost you. For example, if you are hit by a car, you can seek compensation for your medical bills and any property damage that was caused (for example, a broken laptop that was in your backpack).
Additionally, if you had to take time off your job to recover from your injuries, you can be compensated for lost wages.
General Damages
General damages are losses that are difficult to put a value on since they do not come with a set financial cost. While the injuries to your body can be quantified through medical bills, you may also suffer mental anguish from your accident.
Mental anguish is a common claim pursued in civil lawsuits, and your civil litigation lawyer can tell you how you can help prove this kind of damage.
Another example of general damages would be losses awarded in a breach of contract lawsuit; it can be assumed that the breach of contract resulted in a loss of business because one party breached the contract.
Punitive Damages
Punitive damages serve as a punishment for the defendant’s actions to ensure that they won’t act egregiously again. They are typically awarded when the defendant knowingly mistreated the plaintiff.
Since you are fighting for financial compensation, you and your family law attorney Los Angeles will need to put a cost on your damages. This will be done by thorough documentation that will then be presented to the courts. Providing documentation of your damages is crucial to getting compensation for them.
The Role of a Typical Civil Litigation Attorney
The average civil litigation attorney sees a diverse set of cases in their field since civil litigation encompasses so many different torts. For example, a lawyer for family issues like divorce and adoption will be fighting for very different damages than a lawyer for a medical malpractice claim.
Lawyers specializing in civil litigation must be aggressive in the courtroom in order to fight for proper compensation. They also serve as their client's advocate, supporting them through the lawsuit process.
What to Expect After Filing Your Civil Suit
After you file your civil suit alongside your business litigation lawyers Los Angeles, you should be prepared to go through the following stages of the lawsuit process:
- Investigation
- Pleadings
- Discovery
- Pretrial Proceedings
- Trial or Potential Settlement Outside of Court
- The Appeal, if Desired
It’s not guaranteed that your lawsuit will go through each of the above stages, as most do lawsuits skip over a few. The majority of civil lawsuits are not handled in court, as they can be settled outside of court in order to save time and money.
Additionally, cases settled outside of court give both parties more control over how issues are resolved. In fact, this may be more appealing to both parties since they can reach a middle ground when not in a traditional court setting.
If your case goes to court, witnesses and professional experts will be called in to testify, and you will need to be present in court throughout the entirety of the proceeding. Once both lawyers make their case in front of a judge, the judge will then decide which party to rule in favor of based on the evidence and arguments presented.
Filing and going through with a civil lawsuit is a grueling and lengthy process, so it’s important to pick a hardworking and determined attorney like the Law Offices of Nigel Burns. A civil litigation attorney from their office will support you every step of the way through your case, and it will end with a positive outcome.
Hiring the Law Offices of Nigel Burns is the first step towards receiving compensation.